By Robert Milligan and Grace Chuchla California federal courts have again said it loud and clear — when analyzing whether or not the enforcement of a forum selection clause within a non-competition agreement is contrary to California public policy, the court will not consider the substantive effects of enforcing the clause. In a recent case out of… Continue Reading
Tag Archives: Washington
Hands Off My Tweets: Washington State Senate Proposes Ban on Mandatory Disclosure of Employee Social Networking Passwords
Posted in Legislation, Social MediaOn January 30th, the Washington state senate introduced a bill which would prohibit public and private employers within the state from requiring employees to turn over their online social-network account passwords. Senate Bill 5211. As we previously blogged, a number of states have passed or are considering similar legislation, which ostensibly is aimed at protecting employees’… Continue Reading
Rankings Of NFL Prospects May Constitute Trade Secrets
Posted in Practice & Procedure, Restrictive Covenants, Trade SecretsWith today’s college football National Championship game between Alabama and Notre Dame, a recent trade secret decision regarding the interplay between trade secrets and NFL scouting grades caught our eye. National Football Scouting authors several hundred six-page biographical reports annually on outstanding college football players. The reports are sold for $75,000 each to 21 NFL teams… Continue Reading
Washington Appellate Court Finds That Employer’s Threatening Letter, Relying In Part On Inevitable Disclosure Doctrine, to Former Employee’s Prospective Employer Is Not Actionable
Posted in Non-Compete Enforceability, Practice & ProcedureIn Moore v. Commercial Aircraft Interiors, 2012 WL 1947890 (Wash. Ct. App., May 29, 2012), a Washington Appeals Court held that a former employee suing his former employer for tortious interference with business expectancy must show actual evidence and not simply conclusory statements of his alleged former employer’s improper purpose, in order to recover. … Continue Reading
Because Arizona’s “Fundamental Policy” Regarding Non-Compete Clauses Is So Different From That Of The State Of Washington, Arizona Federal Court Refuses To Enforce Clause’s Provision Calling For Applicability Of Washington State Law
Posted in Non-Compete EnforceabilityCourts around the country are split as to the circumstances under which the parties’ choice of law set forth in a non-compete agreement will be honored. In a recent diversity jurisdiction case ruling, Arizona U.S. District Court Judge David Campbell recently refused to enjoin violations of a non-compete clause which said that the law of Washington… Continue Reading
“Under Pressure” Not Enough To Make Agreement Unenforceable.
Posted in Restrictive CovenantsEmployment Agreement’s forum, venue and personal jurisdiction clause upheld despite argument that the agreement was signed “under extreme pressure” and without sufficient time for counsel to review. CLP Resources, Inc. v T. Salerno, 2011 WL 1597677 (W.D.Wash.) (April 27, 2011). Plaintiff CLP Resources, Inc. (“CLP”), a large provider of temporary construction workers, sued a former… Continue Reading